Last updated: September 21, 2020
BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE.
To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. If you use our Site, you are representing and warranting to us that you have full power and authority to enter into and follow these Terms, and that these Terms are binding on you and enforceable against you. By using the Site on behalf of any third party, you are representing and warranting to us that you are an authorized representative of that third party and that your use of the Site constitutes such third party’s acceptance of these Terms. You represent and warrant that your agreement to and compliance with these Terms does not and will not breach or conflict with any other agreement or arrangement you have with someone else or otherwise violate the law. In addition, if you have previously been prohibited from accessing the Site, or any of our other Sites, you are not permitted to access the Site.
3. Intellectual Property
3.1 IP Ownership. McKeown Marketing owns or licenses all intellectual property rights in and to the Site. Site features, look and feel, designs, content, trademarks and domain names (all of which are part of the term “Site”) are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
3.2 Use License. Our Site is licensed to you, not sold, so you will not acquire any ownership rights in the Site under these Terms. We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access the Site solely for your own needs and solely for as long as we permit. We reserve all rights not expressly granted to you in these Terms.
3.3 Your Data. You, not McKeown Marketing, are solely responsible for the information and other content you submit through our Site. We do not claim ownership of any content submitted through our Site, except for compilations of your data and contact information that we may create. We are not a backup service and we will not be responsible for loss of your content.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ANY CONTENT PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SITE, OR PRODUCTS OR SERVICES REVIEWED, FEATURED OR ADVERTISED ON THE SITE, WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO INFORMATION PROVIDED TO OR BY SITE USERS. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO THE ACTS OR OMISSIONS OF ANY USER WHO CONTACTS YOU USING INFORMATION SUBMITTED ON THE SITE. WE WILL NOT BE A PARTY TO ANY TRANSACTION YOU ENTER INTO WITH ANOTHER USER OR OTHER THIRD PARTY.
WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SITE, TEXT MESSAGES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE SAFETY OF YOUR PERSONAL INFORMATION, ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. McKeown Marketing MAKES ALL DISCLAIMERS IN THIS SECTION ON BEHALF OF ITSELF AND ITS LICENSORS.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability, so the aforementioned limitations may not apply to you.
6. Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATE OR OUR LICENSOR, OR OUR OR ITS DIRECTOR, OFFICER, EMPLOYEE, CONTRACTOR OR AGENT (COLLECTIVELY, “McKeown Marketing PARTIES”), BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO OR FROM THE SITE, ANY PRODUCTS OR SERVICES REVIEWED, FEATURED OR ADVERTISED ON THE SITE, OR THE ACTS OR OMISSIONS OF ANY PERSON WHO ADDS CONTENT TO THE SITE OR CONTACTS YOU USING INFORMATION SUBMITTED ON THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. IN NO EVENT SHALL THE McKeown Marketing PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED $200.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE DAMAGES OR LIABILITY WAS FORESEEABLE, EVEN IF THE McKeown Marketing PARTY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF YOUR REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of liability, so the aforementioned limitations may not apply to you.
7. Third Party Sites and Services
8. User Obligations
By accessing the Site, you represent, warrant and agree that:
- It is your sole responsibility to ensure that your use of the Site complies with all applicable laws, including, without limitation, laws relating to privacy and confidentiality, and you agree to comply with such laws.
- It is your sole responsibility to ensure your use of the Site complies with any applicable professional responsibility and ethics rules, and you agree to comply with such rules.
- You assume all risks and all costs associated with your use of the Site, including, without limitation, any Internet access fees and back-up expenses.
- You are solely responsible for the information and other content you submit to or through the Site. Your content will not infringe anyone’s privacy or intellectual property rights or contain false, misleading or defamatory information.
- We may contact you for reasons relating to your use of our Site. You will cooperate with us by timely responding to our reasonable inquiries related to the Site.
- You will treat all Site users and administrators respectfully, online and offline.
- We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
9. Prohibited Conduct
You agree that you will not:
- Reverse engineer, disassemble or decompile any part of our Site, except and only to the extent that applicable law expressly permits doing so.
- Distribute, reproduce, publicly display, create derivative works of, modify or translate any part of the Site.
- Use the Site commercially (for example as a service bureau).
- Use the Site for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.
- Use the Site to defraud, stalk, defame, bully, threaten or intimidate anyone.
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Impersonate any other person or entity.
- Transmit, or procure the sending of, any advertising or promotional material and unsolicited communication (spam) without our prior written consent.
- Access the Site to benchmark the Site or build a competing service.
- Introduce any viruses or other harmful material or use any device, software or routine that interferes with the proper working of the Site.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site.
- Remove or alter any copyright, trademark, or other proprietary notice contained on the Site.
- Otherwise attempt to interfere with the proper working of the Site or anyone’s use and enjoyment of it.
- Assist or encourage any third party in engaging in any activity restricted by these Terms.
You agree to defend, indemnify and hold harmless McKeown Marketing and its affiliates and licensors, and its and their directors, officers, employees, contractors and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including without limitation attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of (i) any provision of these Terms by you, (ii) an applicable law by you, or (iii) any third party’s rights by you; (b) arising from, related to or connected with your use or misuse of the Site; or (c) arising from, related to or connected with a McKeown Marketing Party’s use of your Submission, including without limitation claims of infringement, misappropriation or violation of any intellectual property rights, rights of privacy, rights of publicity, moral rights or other rights. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You will not settle any such claim without our express written consent.
11. Monitoring and Enforcement
We have the right to take any action that we deem necessary or appropriate if we believe that a user violates these Terms, infringes any intellectual property right or other right, or threatens the personal safety of users of the Site or the public. We may:
- Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including without limitation their intellectual property rights or their right to privacy.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms.
- Take appropriate legal action.
12. Payment and Refunds
Payments Except with respect to any “free trial” of the Service, you will be required to select a payment plan and provide McKeown Marketing information regarding your credit card or other payment instruments accepted by McKeown Marketing. You represent and warrant to McKeown Marketing that such information is, and will be maintained as, true, complete, accurate, and up to date, and that you are authorized to use such payment instrument. You agree to pay and hereby authorize McKeown Marketing to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account in accordance with this TOS. All charges are final, non-cancelable, and nonrefundable, provided that if McKeown Marketing terminates your account on the Service without cause, you will be entitled to a pro-rated refund of prepaid amounts. All fees may be changed by McKeown Marketing at any time and such increased fee amount will be notified to you and applicable in the following billing cycle (or such other future time notified to you by McKeown Marketing). McKeown Marketing may charge fees for features of the Service that were previously free. Unpaid trial use of the Service is subject to limitations, as may be described in our documentation or otherwise on our Site.
13. Term and Termination
These Terms are effective unless and until terminated by you or us. We may modify or terminate your access to the Site at any time, for any or no reason, and without notice or liability to you. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following Sections will survive termination: 3.1, 3.3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17 and 18.
14. Linking to the Site
- You may link to our Site in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice and without liability.
We will not have any obligation to hold in confidence any ideas, questions, reviews, comments, suggestions or feedback (collectively, “Submissions”) that you provide to us. You grant us a royalty-free, perpetual, irrevocable, worldwide, sublicensable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from such Submissions throughout the universe by any means and in any form and for any purposes, all whether now know or hereafter devised. You irrevocably waive and agree not to assert any rights that you have to prevent us from exploiting the rights granted above. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you provide to us and that use of the Submissions by us will not infringe or violate the rights of any third party.
If you have any dispute with McKeown Marketing, you agree that before taking any formal action, you will contact McKeown Marketing at email@example.com, provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which the parties will attempt to reach an amicable settlement of any issue. If the parties cannot resolve the dispute within 60 days, the following will apply:
These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including without limitation the use of desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). One arbitrator will conduct the arbitration. The arbitrator will not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including without limitation any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
First, if McKeown Marketing reasonably believes that you have in any manner violated or threatened to violate these Terms, McKeown Marketing may seek injunctive or other appropriate relief in any court of competent jurisdiction. You understand and agree that your breach of these Terms will cause McKeown Marketing irreparable harm for which recovery of money damages would be inadequate, and that McKeown Marketing will therefore be entitled to obtain timely injunctive relief, without the need to post a bond or prove actual monetary damages, to protect McKeown Marketing’s rights under these Terms in addition to any and all remedies available at law.
Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in Phoenix, Arizona, if the claim and the parties are within the jurisdiction of the small claims court.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST ANY McKeown Marketing, ITS LICENSORS OR RELATED THIRD PARTIES.
REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
17. Copyright Infringement Claims
We respect the copyrights of others and expect others to do the same. We may remove, suspend, terminate access or take other appropriate action against repeat offenders. We may also remove content that, in our sole discretion, appears to infringe the intellectual property rights of others. If you have evidence, know or have a good faith belief that content on or available through the Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax, email or regular mail that includes the following information:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notice, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit us to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. State “entire work” only if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number in case we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described in this notification is not authorized by the copyright owner, its agent or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Then, sign the notification, physically or electronically, and send the notification to our designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
McKeown Marketing, LLC
4939 W Ray Rd
Chandler, AZ 85226
We will review your claim, determine its merit and act accordingly. Please note that if you fail to comply with all of the requirements of this policy, your notice may not be valid and we may not remove the infringing material. Please also note that you may be liable for damages, including without limitation costs and attorneys’ fees, under the Digital Millennium Copyright Act (DMCA) if you knowingly materially misrepresent that material on the Site infringes upon your copyright.
18.1 Assignment. You may not assign your rights and obligations under these Terms without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
18.2 Relationship of the Parties. You and McKeown Marketing are independently contracting parties. No agency, partnership, joint venture, employment relationship is intended or created by these Terms. Neither party shall have any authority to act for, bind, make any representations or warranties, or assume any obligation or responsibility, express or implied, on behalf of the other party, except as specifically authorized under these Terms or by written direction of the other party.
18.3 Use Outside of United States of America. The Site is controlled and offered from the United States of America. We make no representation that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of data you provide to us.
18.4 Third-party Beneficiaries. Except for the rights expressly stated in these Terms, these Terms do not create any third-party beneficiary rights.
18.5 Governing Law. You agree that these Terms and any legal matter that may arise between you and us relating to the Site shall be governed by the laws of the State of Arizona, without regard to any conflict of law principles that would result in application of any other law.
18.6 Severability. Should any part of these Terms be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
18.7 Waiver. Enforcement of these Terms is solely in our discretion, and failure to enforce the Terms in some instances does not constitute a waiver of our right to enforce them in other instances. A waiver will not bind a party unless made in writing.
18.8 Entire Agreement. These Terms constitute the entire agreement between you and McKeown Marketing and supersede any prior agreements between you and McKeown Marketing on the subject matter. These Terms may not be modified by an oral statement by a representative of McKeown Marketing or any third party. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter.
18.9 Force Majeure. Under no circumstances shall McKeown Marketing or its licensor be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
18.10 Contacting You. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch.
18.11 Contacting Us. Please direct your questions, comments, feedback, requests for technical support and other communications relating to the Site to our customer service representative at firstname.lastname@example.org. Please send any questions or comments regarding these Terms to email@example.com. If you give notice to us, it will be effective when received and you must use the appropriate email address above or the following physical address:
McKeown Marketing, LLC
4939 W Ray Rd
Chandler, AZ 85226